Hele, LLC d.b.a CaddieNow
Last Modified May 6, 2020
SCOPE OF THESE TERMS
NATURE OF THE APPLICATION AND SERVICES; LICENSE
The Application provides a mobile information services, scheduling and financial transaction platform which facilitates the ability of interested golfers and qualified caddies to make mutually convenient appointments, and payments, for golf sessions at participating golf courses. CADDIENOW does not directly sell or market golf courses or caddie services. All caddie services are provided by certified independent contractors qualified to provide caddie services on particular courses.
Caddies may establish a User Account on the Application, which includes the caddie’s name, experience, courses on which he or she is qualified to provide caddie services, and the specific caddie services offered including:
(i) “JUNIOR-LOOPER” teenage caddies between the ages of 14-19 who carry one (1) bag;
(ii) “LOOPER” more experienced teenage and adult caddies who carry (1) bag;
(iii) “PRO-LOOPER” adults and more experienced teenage caddies who carry up to two (2) bags; or
(iv) “FORE-LOOPER” teenage or adult caddies who use a cart and support up to four (4) golfers but do not carry any bags
Golfers who are registered Users may request caddie services on a particular course for a specified date and time. The Application will confirm the engagement between golfer and caddie and will process the golfer’s payment for the golf session.
Participating courses are those golf courses that have signed a participation agreement with CADDIENOW to permit CADDIENOW to arrange golf sessions on the course with caddies that are qualified to provide such services on the course.
Subject to compliance with these Terms and any other applicable agreements, CADDIENOW hereby grants all Users a limited and revocable license (“License”) to access and utilize the Application on personal computers and mobile devices and to access and utilize the information and functions available through the Services for personal use. The License is non-exclusive, non-sublicensable, and non-transferable except as may be expressly permitted in a separate written contract between CADDIENOW and enterprise Users, and does not include any rights to use, display, modify or create any derivative works from CADDIENOW’s names, logos, designs, service names, trademarks or trade names. Other than as expressly granted by this License or by separate written agreement, CADDIENOW remains the sole owner, and retains all right, title and interest in and to, the Application and Services.
Third Party Services and Content
Providers of mobile services and devices, including but not limited to Apple, Inc., Google, Inc., Microsoft Corporation, and Blackberry Limited, may be third party beneficiaries of these Terms if you access the Services using applications developed for Apple IOS, Android, Microsoft Windows or Blackberry-powered mobile devices, respectively. These companies are not direct parties to these Terms, and are not responsible in any way for the provision of Services. Similarly, CADDIENOW has no connection with or control over such third party services and content. Your access of the CADDIENOW Services via such third party services is subject to such companies’ terms of service.
RIGHTS OF CADDIENOW
Accessing the Application
We reserve the right to withdraw or amend the Application, the Services, or material we provide in the Application in our sole discretion and without notice. We will not be liable if for any reason any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to parts of the Application, or the entire Application, to Users.
Suspension or Termination of Service
Cooperation with Investigations
CADDIENOW reserves the right to disclose User information to the extent required by local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule. CADDIENOW will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity and by accepting and using Services, you consent to our disclosure of User information in connection therewith, without the need for CADDIENOW to obtain a subpoena or court order. YOU WAIVE AND HOLD HARMLESS CADDIENOW AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CADDIENOW/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CADDIENOW OR LAW ENFORCEMENT AUTHORITIES.
Modifications to Terms
CADDIENOW reserves the right to modify these Terms at any time without notice and in our sole discretion. Any such modifications shall be effective immediately when posted and applied prospectively from the date of posting or such e-mail transmission. Your continued use of the Application and Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
REPRESENTATIONS AND RESPONSIBILITIES OF USERS
We have the right to disable any unique user ID, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion, if, in our opinion, you have violated any provision of these Terms.
Users remain solely and fully responsible for any content, including text, photos, graphics, videos, etc., uploaded to the Application or transmitted by the use of the Services, including but not limited to content provided on third-party websites linked to the CADDIENOW Application (“User Content”). Users will protect the privacy and legal rights of their own end Users under all applicable laws and will obtain any required end User consents to enable such end Users to access, upload, monitor, use, or disclose User data posted on or obtained via the Application as may be required by law. You represent and warrant that you own or control all rights in and to the User Content and the User Content does and will comply with these Terms. Enterprise Users are responsible for maintaining appropriate policies, organizational measures, internal controls, and data security routines consistent with industry best practices to ensure that their end Users comply with these Terms.
Consent to Messaging
You acknowledge that, by creating a User Account, you consent to the receipt of messages from CADDIENOW via text (SMS) or email as part of your use of the Services.
Network Access and Devices
Access to the Application and Services requires internet access and/or wireless data access. You are responsible for acquiring all devices and paying all data messaging fees necessary to access the Application and use the Services.
Fees and Payment
All rates are posted online and on the Application and are subject to change at CADDIENOW’s discretion.
A User will not, and will take all reasonable measures to ensure that any end Users do not, misuse or abuse the Services. The listing below of prohibited uses and activities is not exhaustive and CADDIENOW reserves the right to determine that any conduct that is or could be harmful to its business, the Application, Users or other third parties is in violation of these Terms, and to exercise any or all of the remedies contained in these Terms or otherwise available to CADDIENOW.
The Services and Application shall be used only for lawful purposes and content. Use of the Services and Application for transmission, distribution, use, posting, retrieval, or storage of any information, data or other material for any illegal purpose or in violation of any applicable (at the time of such use) local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation, administrative rule or personal right is prohibited.
Infringement of Intellectual Property and Privacy Rights
The use or transmission of any data or material owned by CADDIENOW or any other party that is protected by copyright, trademark, trade secret, patent or other intellectual property right, without proper authorization is prohibited. This restriction applies, but is not limited to, removing, copying, modifying, distributing, transmitting or otherwise exploiting any CADDIENOW copyright, trademark or proprietary design, label or notice. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Application. The transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful or that violates the privacy rights of any individual is likewise prohibited.
Unauthorized Access or Interference
A User may not attempt to gain unauthorized access to the Services or the Application by any means or device with the intent or result of: (i) avoiding payment or interfering with or compromising the normal functioning, operation or security of, any portion of the Application; (ii) accessing, monitoring or using any data, information, or communications collected and/or stored on the Application without authorization; (iii) decompiling, reverse engineering or disassembling the Services; (iv) destroying or altering the confidential or proprietary information or content posted by any other User; (v) linking to, mirroring, or framing any portion of the Services; (vi) causing the launch of any programs that scrape, index, survey, or otherwise mine data processed by the Application; (vii) transmitting or introducing files containing a computer virus or corrupted data or by launching a denial of service attack; or (viii) reselling any features of the Services or Application without the express prior written consent of CADDIENOW.
Unsolicited Commercial Email/Spamming/Mailbombing
Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating e-mail services and prohibiting such practices as “spamming” or “e-mailbombing,” constitutes a violation of these Terms. Further, a User may not use the Service or Application to transmit any unsolicited commercial e-mail message(s) or deliberately send any excessively large attachment(s) to a recipient. Use of the service of another provider to send unsolicited commercial e-mail, spam or e-mailbombs, to promote a site hosted on or connected to the CADDIENOW Application, is similarly prohibited. Likewise, a User may not use the Service or Application to collect responses from mass unsolicited e-mail messages.
Any form of fraudulent use of the Service or Application is prohibited. For example, a User may not post fraudulent information about himself or herself, or attempt to send e-mail messages or transmit any electronic communications using a name, address or profile of someone other than the User for purposes of deception. Any attempt to impersonate someone else is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User's identity in connection with use of the Service is prohibited.
DISCLAIMERS AND LIABILITY LIMITATIONS
Service Quality Disclaimer
The Services are provided on an “as is” basis. CADDIENOW makes no guarantee of, and assumes no liability for, the availability of the Service, which may be subject to interruptions, interference and delays inherent in electronic communications.
Electronic Communications Privacy Act Notice and Content Disclaimer
EXCEPT TO THE EXTENT REQUIRED BY LAW OR GOVERNMENT REQUEST, CADDIENOW DOES NOT MONITOR AND DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR THE SECURITY OR INTEGRITY OF ANY USER DATA UPLOADED TO OR AVAILABLE VIA THE APPLICATION AND DISCLAIMS LIABILITY AND RESPONSIBILITY FOR UNAUTHORIZED USE OR MISUSE OF ITS SERVICE. CADDIENOW DOES NOT OPERATE OR CONTROL ANY CONTENT ON THE PUBLIC INTERNET OTHER THAN ON ITS OWN WEBSITE AND APPLICATION, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR SUCH CONTENT THAT MAY BE ACCESSED VIA ITS APPLICATION.
Force Majeure. CADDIENOW shall not be liable for any failure to perform as a result of causes beyond CADDIENOW’s reasonable control, including but not limited to: Acts of God or natural disasters; casualty by fire, flood or earthquake; governmental action; or the acts or omissions of third parties including strikes, riots, terror attacks, war, and disruption of utility or other essential services.
LIMITATION AND EXCLUSION OF DAMAGES. CADDIENOW’S LIABILITY TO ANY USER HEREUNDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY SUCH USER FOR ANY CADDIENOW SERVICES. IN ANY EVENT, CADDIENOW SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SERVICES OR THE UNAVAILABILITY OF THE SERVICES, EVEN IF CADDIENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless CADDIENOW, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Application, including, but not limited to, your User Content, any use of the Application, Services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Application.
CHOICE OF LAW; ARBITRATION
Choice of Law
The terms of this Policy shall be interpreted and enforced under the laws of the State of Nebraska, without regard to its conflict of interest laws, and applicable federal laws.
You agree that any dispute, claim or controversy arising out of or relating to this Policy or the user of the Services (“Disputes”) shall be resolved by binding arbitration before a single arbitrator and administered by the American Arbitration Association (“AAA”) under the AAA’s then effective Rules of Commercial Arbitration and the Supplementary Procedures for Consumer-Related Disputes (see www.adr.org/arb_med). The party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration in accordance with the AAA Rules. The arbitration shall be conducted in the county where the party initiating the arbitration resides or is domiciled. If the parties cannot agree on the arbitrator, the AAA will appoint one. If a claim does not exceed $10,000, the proceeding will not be conducted in person but will be conducted exclusively on the basis of documents, unless the party initiating the arbitration requests a hearing or the arbitrator determines that a hearing is necessary. In any event, discovery, including depositions of witnesses, shall be minimized to the extent necessary, and will be limited to those individuals and facts that are directly pertinent to the resolution of the Dispute. The arbitrator’s award will be final and binding, and may be entered in any court of competent jurisdiction. To the extent allowed by law, the Parties to this Agreement intend to arbitrate any disputes between them on an individual basis only. The Parties agree that they shall not join or consolidate claims submitted for arbitration under this Agreement with those of any other persons, and that no form of class, collective, or representative action shall be maintained without the mutual consent of the Parties. Any disputes regarding whether or not the Parties may pursue a class, collective, or representative action, in arbitration are to be decided by a court of competent jurisdiction. For all other issues, the arbitrator and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. This arbitration provision is governed by the Federal Arbitration Act.
COMPLAINTS AND INCIDENT REPORTING
Users should notify CADDIENOW immediately if they become aware of an impending event that may negatively affect the Application. This includes, but is not limited to, extortion threats that involve threat of “denial of service” attacks, unauthorized access, or other security events. Any complaints or notifications regarding violation of this Policy by a User shall include, where possible, details that would assist CADDIENOW in investigating and resolving the incident. All such notices should be directed as follows:
120 West Harvest Drive
Lincoln, NE 68521
COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that the Service or the Application has been used to post, store or transmit material that infringes your copyright you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to the CADDIENOW Copyright Agent, as follows:
120 West Harvest Drive
Lincoln, NE 68521
A valid notice must be a written communication that includes the following:
- Signature of copyright owner or person authorized to act on behalf of the owner;
- Identification of copyrighted work claimed to be infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, e-mail address);
- A statement that the complaining party has a good faith belief that use of the material in the manner described is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.
If you believe that copyright infringement has been wrongly filed against you, you may submit counter notification to the CADDIENOW Copyright Agent specified above. A valid counter notification must be a written communication that includes the following:
- A physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
WAIVER AND SEVERABILITY
No waiver by CADDIENOW of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CADDIENOW to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
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